• Harassing by the authority of the punjab Govt. Board for why filing the CWP in Hon'ble Pb& Hry High

Sir
 I am working in Punjab Govt. Board situated in Chandigarh, as a Information Assistant on regular post for the last 20 years. My query is regarding seniority list of Information Assistants, wrongly finalized in my Board/department by the authorities and i was mainly affected by this. After that i file a CWP in Hon'ble Punjab and Haryana High Court Chandigarh in the month of Nov-2017, which is pending. Secretary of the Board (IAS Officer) is pressuring me to withdraw the case, and he is mently harassing me that i will transfer you in some bad place of the office there will no time to think about your case. He asked me there is no benefit of court case, it is waste of money. Leave it. Three times he is insulted me in front of officers and my colleagues and junior staff. Now he is asking to administrative officer to transfer him from the computer section to some bad place. Please advise me i have any option to put this matter in Hon'ble court on coming hearing date ( i.e 31-Aug-2018). and what are the point i should put in the Hon'ble court. Please advise ASAP. Sir please give me some solid suggestions. 
Thanks 
Daljit Kumar [deleted]
Asked 4 years ago in Civil Law

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7 Answers

Inform the court that you ha ve been threatened by your superiors for filing writ petition in HC

That you are being threatened to be transferred to distant place

Seek interim reliefs pending hearing and final disposal of petition

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

As on date you are not transferred

Once you are transferred then you raise grievance on Heath grounds

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Hi, you can provide the above said information to court and the court under its discretion can issue suitable action against the senior .. The WRIT petition is the only and the upmost effective way to seek relief in your case

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please don't feel harassed as this is a normal phenomena in service in corporate and as well as in Govt. Services. The point is unless and until your Writ is pending he can't transfer you if he transfers then this is challengable before that court does not give relief on presumptions.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If he transfers you now then a fresh cause of action will accrue to you to challenge the transfer on the ground that it has been actuated with malice by the Secretary due to the pending CWP.

2. Your lawyer can draw the attention of the High Court to the threat of transfer on the next date of hearing, albeit the court will not stay the transfer as you have not claimed this relief in your writ petition.

3. Transfer once made by the department can be challenged before the court but there cannot be a stay on a prospective transfer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If there is a case already pending before court seeking some relief and remedy, you cannot add subsequent developments to your subsisting pleadings/averments.

There is no use in mentioning the subsequent developments in the existing case. If you are aggrieved over the latest development, you may have to seek remedy through legal forums for that separately.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

If you have been transferred to that place which you feel is harmful to your health condition, you may make a written representation agaisnt it and seek to place you where it would not be a harm to your health condition.

You can take any legal action only after exhausting the remedies available locally so that you can strongly take up all your cases properly

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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